The Congress Monday sought Gujarat Governor O P Kohli's intervention to revoke disqualification of party MLA Bhagvan Barad, who has been convicted in an illegal mining case.
While a court in Gir Somnath district had sentenced Barad to two years and nine months in jail in the illegal mining case dated 1995, a sessions court has stayed the conviction.
Congress told the governor that Barad was removed as an MLA despite the sessions court staying his conviction.
Barad was disqualified by Assembly speaker Rajendra Trivedi last week.
On Sunday, the Election Commission announced bypoll to Talala assembly constituency in Gir Somnath district from where Barad was elected in 2017.
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A Congress delegation led by Leader of Opposition in the Legislative Assembly, Paresh Dhanani, met Kohli at Raj Bhavan in Gandhinagar, and submitted a memorandum seeking his intervention to reinstate Barad as MLA.
"The apex court had clearly said that if an appellate court stays conviction of a lawmaker, he will not face disqualification. In Barad's case, the sessions court has already stayed the conviction, but no notification has been issued by the assembly speaker to reinstate Barad as an MLA," the memorandum said.
Moreover, the Election Commission has declared bypoll to Talala seat, which is also illegal, Dhanani stated.
The speaker had declared Barad's disqualification from the Assembly on March 5, days after his conviction, which was subsequently stayed by the sessions court on March 7.
Speaker Trivedi had said Barad stood automatically disqualified as per a 2013 order of the supreme court which said MPs and MLAs are immediately disqualified from House membership after being sentenced to jail for not less than two years.
In a related development Monday, Barad moved the Gujarat High Court, challenging his disqualification as well the declaration of bypoll by the EC.
The EC had Sunday announced that by-elections to two Assembly seats in Gujarat, Unjha and Talala, will be held along with Lok Sabha polls on April 23.
Unjha seat fell vacant after sitting Congress MLA Asha Patel resigned and joined the ruling BJP.
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